No evidence of rape, media trial took place: Prajwal Revanna to Karnataka High Court

Suspended JD(S) leader Prajwal Revanna's conviction in a rape case was not founded on any solid evidence and was influenced by a media trial, argued his counsel Senior Advocate Sidharth Luthra on November 13 before the Karnataka High Court [Prajwal Revanna v. State Special Investigation Team]..A Division Bench of Justices KS Mudagal and Venkatesh Naik was hearing Revanna's appeal challenging a trial court's decision to convict and sentence him to life imprisonment in a case where he is accused of repeatedly raping a domestic worker. .Representing Revanna, Luthra argued,"It’s a case bereft of any incriminating evidence, or chain of custody linkage and it is a complete media trial. Unfortunately - just see the first para of the impugned judgment - the (trial) court’s greatest focus – after reiterating the averments and looking at the evidence – is that the lady weeps every time a question is asked. I understand, and it is unfortunate. But that cannot be the basis for assuming the truth.".He argued that there were contradictions in witness statements, no substantial incriminating evidence against Revanna, and a delay in lodging the complaint."This is an offence that is reported after 3-4 years. Even after she (the rape survivor) comes to the police control (room), there is at least a 24-48 hours delay in recording the complaint," he said.He added that there were lapses in securing the evidence collected during the investigation as well, meaning that the evidence could have been tampered with."This is a classic case where after (take) all the samples, clothes, they had to be kept in sealed cover in the locker of the police station… what you call the malkhana in north India. Nothing (like that is done)! The malkhana officer is not even examined. The chain of custody is not done. This man, and this is the catch, it’s a very bizarre case where prosecution witnesses 16, 17, 18, 19 are so-called medical board who actually tried to measure him when he is aroused and data compared," he said..Luthra also contended that Revanna was not given enough time to meaningfully argue for a reduced sentence after he was convicted by the trial court on August 1."(Against each criminal charge), the (trial court) Judge has given me the maximum imprisonment without giving me a meaningful hearing. On August 1, the Hon’ble Judge gives this judgment and on August 2, he gives the sentence. I had to have a meaningful hearing (under law) … If you have to give the maximum (punishment), give me some more opportunity. I will show you the mitigating circumstances," he said..As the hearing drew to a close, the senior lawyer urged the Court to consider ordering Revanna's release from jail on interim bail while his appeal against the rape conviction remains pending.He pointed out that Revanna has already undergone a year of custody.He added that when the very foundation of the prosecution’s case is shaky, with no proper linkage of evidence, it was not a case where continued custody in jail was justified..The Court will hear the matter next on November 25.In 2024, three rape cases and one sexual harassment case were filed against Prajwal Revanna. These cases were filed after over 2,900 videos depicting the sexual assault of several women were circulated online, including on social media.The rape case being considered by the High Court was filed by a maid who was formerly employed by the Revanna family. In August this year, a trial court found Prajwal Revanna guilty of the rape allegations levelled by her against him. The trials in the remaining criminal cases against Revanna are yet to conclude. Revanna was arrested in May 2024 and has been in jail since. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.